Florida ballot initiative restrictions face federal constitutional challenge

TALLAHASSEE, Fla. (WCTV/Gray Florida Capital Bureau) - Florida Decides Healthcare is asking a federal judge to throw out sweeping changes to how ballot initiatives work, arguing the legislature’s reforms are unconstitutional.

“There is a lot riding on this case,” said Mitch Emerson, Florida Decides Healthcare executive director.

Last year, just as Florida Decides Healthcare was collecting signatures to expand Medicaid, the legislature passed sweeping reforms to the entire ballot initiative process. The new law changed requirements, including requiring petition circulators to be registered Florida voters, shortening the deadline to turn in petitions, and demanding financial impact statements on each petition.

“The legislature attempted to do something unconstitutional. This wasn’t an attempt to make ballot initiatives hard. It was an attempt to make them impossible,” Emerson said.

Emerson says the impact was immediate and devastating for their 2026 campaign.

“They’re absolutely closing the door on our ability to communicate with voters in a way that effectively collects those petitions,” Emerson said.

Florida Politics

For the first time in years, not a single citizen-led initiative made it on this year’s ballot. Emerson argues this proves the law is unconstitutional.

“Their intent from the beginning was to restrict our ability to have citizen-led ballot initiatives—a right guaranteed in both the U.S. Constitution and the Florida Constitution,” Emerson said.

The state declined to comment on the law or the ongoing federal trial.

Florida Decides Healthcare has relaunched their campaign and is taking steps to restart the petition process, with everything depending on how the judge rules.

“How we move forward depends on the outcome of this trial. We have relaunched. We are trying to take steps to start the petition process,” Emerson said.

The trial is expected to continue through next week.